DUI on Your Record

Being charged with drunk driving is a negative experience that you probably want to put behind you. Unfortunately, a driving under the influence (DUI) charge is one that will stay on your record. While some people believe that a DUI conviction will drop off your criminal and driving record within five to seven years, this is certainly not the case. If you have a DUI on your record, you should speak with an experienced DUI lawyer to have it removed.

By having a DUI on your record, your insurance rates, employment, and loan applications may be affected. The only way to have a DUI removed from your record is to petition for expungement. Expungement means that all records of your DUI arrest and conviction are erased. These may include any warrants, arrests, fingerprints, photographs, and judicial dockets.

If you are a first-time DUI offender, and are not currently facing other criminal charges, you may be eligible for expungement. In order to be eligible for expungement, you must have completed your sentence as well as probation. If you are still on probation, your attorney may file a motion to have probation terminated.

If you have a DUI on your record, it may be worth hiring a lawyer to ensure the expungement process goes smoothly. Your lawyer will fill out the necessary paperwork and then file a petition with the court, which the court will then grant or deny. If the court grants the petition, your lawyer will then contact any agencies that have a record of the DUI arrest to alert them to the expungement order. This order directs the agencies to clear or destroy the arrest records. After expungement is completed, the agencies will send confirmation to your attorney. Typically, the expungement process takes three to four months.

While expungement may erase a conviction from your record, it may count as a prior offense if you are convicted of a similar crime in the future. For example, if you are charged with another DUI, the judge will take your first offense into account when determining your sentence.

If you have a DUI on your record, you should contact a lawyer to learn more about the expungement process. By having your records cleared, you can safely answer “no” when asked if you have ever been convicted of a crime.